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2017 Supreme(Bom) 2480

N.M.JAMDAR, NUTAN D.SARDESSAI
Mahesh Navelkar, (since deceased) – Appellant
Versus
Goa State C-operative Bank Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr. S.S. Kantak, Senior Advocate with Mr. Preetam Talaulkar & Ms. Falcao Reis, Advocates
For the Respondent:Mr. S.R. Rivonkar, Mr. A. F. Diniz, & Mr. H.D. Naik, Mr. P.P. Singh, Advocate

JUDGMENT:

N.M. Jamdar, J.

The Petitioner, a borrower of the Respondent No.1 Bank has called in question the Sale Certificate dated 22 September 2000 and the Award dated 19 February 1998. The Award had to be passed and the Sale Certificate had to be issued because of failure of the Petitioner to repay the loan taken from the Respondent Bank.

2. The Petitioner, as stated earlier, is the borrower of the Respondent No.1 Bank. Smt. Nirupa Pawar, the Respondent No.5 has now purchased the property in question from the Respondent Bank.

3. On 16 May 1996, the Respondent Bank had sanctioned a loan of Rs. 9500000/-to the Petitioner for construction and land development on the property being Plot D-1 of the larger property known as “Mallans”, admeasuring 65000 sq. metres, surveyed under No.26/2 of Village Bainguinim, Tiswadi Taluka. The loan was availed by the Petitioner, however, the Petitioner failed to repay the amount. The Respondent Bank approached the Assistant Registrar of Cooperative Societies, Goa raising a dispute in respect of non-payment of loan by the Petitioner. The dispute was numbered as Case No.ARCS/HQ/CC/ABN-21/97-98/475 The Petitioner, as Promoter of M/s. Highland Developers, an



























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